Responsabilidad y sanción disciplinaria del servidor público; análisis y retos de la acción administrativa.

Abstract

The article relates the legal argumentation of the disciplinary responsibility that a public servant has around his employment relationship with the State; and the different criticisms or jurisprudential analyzes that have been carried out chronologically in the administrative function in order to improve the effectiveness and efficiency of the provision of the service. bearing in mind the current regulations, legal actions and in general, the specific regulations that determine the responsibility of a public servant who, as a consequence of his action or omission, fails to comply with the responsibilities delegated to his charge or when using his powers in personal interests that The apparently contracted acts are considered illegal or harmful and as a result of their actions lead to disciplinary sanction, also qualifying it in the subjective factor of the conduct displayed that could be classified as a crime. On the other hand, it is necessary for this investigation to investigate the degrees of responsibility in which the functions are executed, it is for this reason that it is necessary to have a global analysis of the public function where the administrative function could be dictatorial and authoritarian or by the weak and permissive contrary within the disciplinary investigation and sanction process, defining the degree of responsibility for the action and the possible action of repetition in order to compensate the damage caused to the administration in cases in which he, or those disciplined have caused a patrimonial detriment against the State